Judge: Elaine W. Mandel, Case: 24SMCV03301, Date: 2024-10-10 Tentative Ruling

Case Number: 24SMCV03301    Hearing Date: October 10, 2024    Dept: P

Tentative Ruling

Beverly Hills Properties v. Sanai, Case no. 24SMCV03301

Hearing date October 10, 2024

Defendant Sanai’s Motion for Judgment on the Pleadings

Plaintiff filed this unlawful detainer following defendant’s failure to pay rent from 11/1/2023 through 7/31/2024 and failure to comply with the resultant 3-day notice. Defendant moves for judgment on the pleadings.

A defendant may move for judgment on the pleadings per Code Civ. Proc §438(c)(1)(B) if either the court has no jurisdiction, or the complaint does not state facts sufficient to constitute a cause of action.

Defendant argues plaintiff is not the owner or lessee of the property, so cannot maintain the action. Plaintiff is not the landlord but is the property management company. The complaint alleges a management contract between the landlord and plaintiff authorizing plaintiff to bring suit in its name. The complaint alleges plaintiff is authorized to bring this suit, which is sufficient.

Defendant argues the court is obligated to use CACI 4302, which states plaintiff must own or lease the property. CACI are general jury instructions intended to be modified to fit the case and are not binding authority.

Cal. Code Civ. Proc. §369(a) states “a person with whom, or in whose name a contract is made for the benefit of another, is a trustee of express trust, within the meaning of this section.” Plaintiff does not need to be the landlord to bring this action. Defendant merely needs to have entered into a lease with plaintiff for the benefit of the landlord, which is the case as the landlord receives the benefit of defendant’s rent. Plaintiff has standing. DENIED.